LITCHFIELD >> Because of a perceived "classic case of NIMBY-ism," the city of Torrington has brought legal implications upon itself, as legal counsel representing nonprofit Hartford Dispensary filed an appeal Thursday in Litchfield Superior Court, claiming the city wrongfully denied a zoning application that would change a Boy Scout lodge into a methadone clinic.

The 14-page document, filed with the Litchfield Judicial District, claims the city and its zoning officials violated the U.S. Constitution's American Disabilities Act by discriminating against people with recognized disabilities, such as opiate addicts seeking treatment. The Equal Protection clause in the 14th amendment, the complaint states, was also violated and "is based upon irrational prejudices against and perceptions of methadone patients and is not rationally related to a legitimate government interest."

The suit says zoning officials conducted a "classic case of NIMBY-ism: Not In My Back Yard" when it voted down Hartford Dispensary's application on Nov. 14 by a 4-1 vote. During that hearing, the lone dissenter, commissioner Paul Summers, warned his fellow board members of American Disability Act lawsuits and asked the commission to seek further input. At the board's side was attorney Kenneth R. Slater, Jr., who, as employed by Hartford-based Halloran & Sage, LLP, told the commissioners that his legal opinion was "at their disposal."

Hartford Dispensary's appeal doesn't come as much of a surprise: Counsel representing the nonprofit told media outlets, including this publication, that an appeal would be filed and a lawsuit, if necessary. Diane Whitney, the attorney who sat through all of Torrington Planning and Zoning Commission's meetings, said she was "very disappointed" in the board's decision.